H1 to H4 , wants to join same company on H4

[Euinox]

Hi,
First let me explain my situation. I was on H4 visa previously. Before 4 months I got project as a full time employee. As I had to visit India for family function, my employer filed my H1 in premium process and got approval. When I was in India, I went for H1-b visa stamping. There I got g221 query blue slip, asking more documents from my company. My employer didn't gave all documents, so my case was pending for 2 months. After waiting more than 2 months, I sent request for withdrawal of my H1-b application. I re-applied for H4 visa, appeared for interview and got H4 visa stamped. Finally I came back to US.
As my company is small firm, they wants me to work with them after coming here. When I sent email to US Embassy for withdrawal of my H1-b visa, I wrote as "I voluntarily and willfully wish to withdraw my H1B application. I no longer wish to pursue employment with (name of my company)". So my question is , Can I work with same company with Change of Status to H1-b? Will it be legal ? Is there any other way to work with that company? Please suggest me.

Thanks in advance

[shervin143]

If you need to work for the same employer, then you need to file a COS from H4 to H1B. Unless the COS gets approved, you cannot start working for the employer. Even if the COS gets approved by USCIS and later you go for the visa interview with the documents from the same employer, you may be questioned about your earlier withdrawal, the reason you provided to get the H4 stamped and working for the same employer again. You may need to be prepared to answer is any such questions were asked. The best option is to find another good employer and file the COS from H4 to H1B using the CAP from your previous H1B approval notice. If the employer cannot provide the required documents for the visa interview, the same can happen again when you have to go for the visa interview. What is the point in working for such an employer?

[Euinox]

Thanks Shervin143 for your reply.
Now I am searching employer who can file change of Status from H4 to H1. But is there is any time limit for filing Change of Status?

Thanks,

[shervin143]

The H1B CAP will be valid for 6 years. So you can use that CAP within 6 years of the previous petition effective date to file a new one under the same CAP number.

Thanks Shervin143 for your reply.
Now I am searching employer who can file change of Status from H4 to H1. But is there is any time limit for filing Change of Status?

Thanks,